Working in BC

Your Legal Rights And Responsibilities

Name: Manveer Chohan
Block: 2
1. Glossary ( pages 2 and 21)
a. Averaging agreement - A person legally appointed or empowered to act on
behalf of another.
b. Collective agreement - An agreement between employers and employees
which regulates the terms and conditions of employees in their
c.
d.
e.
f.
g.
h.

workplace.
Gross pay - Your pay before deductions.
Double time Twice the amount of your regular wage.
Net pay - Your take home pay after deductions
Time and a half - One and a half times your regular wage.
Under the table - Employment not reported to the state.
Variance - When employers, with the agreement of their employees, ask
the Branch to vary or change how parts of the Act apply to them.

2. What is the employment standards act?

The Employment Standards Act is a BC law that outlines the rights of
employees, and the responsibilities of employers.
3. What is the role of the Employment Standards Branch?
The Employment Standards Branch is the government office that enforces the
law.
4. What is the phone number and website of the ESB?
1-800-663-3316 or visit www.labour.gov.bc.ca/esb.
5. List the people who are NOT covered by the ESB
Babysitters
Secondary school students working at their schools or enrolled in work

experience or occupational study

Newspaper carriers who attend school and work 15 hours a week or less
Persons receiving financial assistance from government who participate in
certain government sponsored employment programs.

6. Who are covered by Collective Agreements?

People who belong to unions are covered by collective agreements made between
their union and their employer.
7. What

Government issued document must you have in order to be hired in BC?

my resume
Social Insurance Number
permission from the Employment Standards Branch if not old enough

8. How old must you be to work in BC?

If you are under 12 years old, employers must first get written permission from
the Employment Standards Branch. Your parents or legal guardian must also
agree. The Branch may also contact your school. Children ages 12 through 14
years may work restricted hours. Once a child reaches 15 years, there are no
restrictions in the Act regarding the childs hours, nor is there a requirement for
a parents or legal guardians consent to work.
9. Define minimum wage.
The minimum wage is the lowest amount of money employers can pay.
10.What is minimum wage in BC?
$ 10.45
11.Define Minimum Daily pay.
If you were scheduled for more than eight hours work, you must be paid at least
four hours wages.
12.Besides shifts worked, what duties must an employer pay you for?
13.What should be included on your pay cheque?
Agreed upon wage rate, commission, flat or piece rate
Total hours worked in the pay period
Overtime
Deductions
Gross pay
Net pay
Hours banked, if any
Employers name and address.
14.What can an employer deduct from your wages?
Canada Pension Plan

 Employment Insurance Plan

Income tax (in most cases)
Court-ordered garnishees, for example: family maintenance orders.

15.Define Special Clothing (p.21). Who pays for the upkeep of this?
If you are required to wear a company shirt, uniform or specific brand-name
clothes, your employer has to provide it to you at no cost or deposit. Special
clothing as defined by the Act is different from a dress code.
16.Define Dress Code. Who pays for the upkeep of this?
A dress code is what the employer wants you to wear while at work. It is at the
employees own expense.
17.Describe what work breaks are you entitled to.
Every five hours, your employer must allow you at least a 30-minute rest period.
This does not count as paid work time, unless you are expected to be available
for work, for example to serve a customer during your break.
18.What is a split shift?
A split shift is when you work some hours, and then have an unpaid break and
go back to work on that same day.
19.When must you be paid overtime?
You must be paid overtime after eight hours of work in one day.
20.When must you be paid double time?
Your employer must pay you two times your regular wage for each hour worked
after 12 hours.
21.How is weekly overtime calculated?
Weekly overtime is counted by adding up the regular hours, i.e. eight or less in
a day.
22.Do employers have to pay you if you are sick and cannot work?
No, it is up to you as an employer whether or not you wish to provide paid sick
days.
23.What vacation time are you entitled to?

After you have worked at your job for one year, you must get at least two weeks
off for vacation annually. After working five years in a row with the same
employer, you must get at least three weeks off for vacation annually.
24.What is vacation pay?
Your vacation pay is a percentage of the total wages you received in a year
25.How many statutory holidays are there in BC
10
26.How can you be eligible for stat holiday pay?
To be eligible for stat holiday pay, you must have:
Been employed for at least 30 calendar days before the stat holiday
Worked or earned wages for 15 of 30 days before the stat holiday
Worked under an averaging agreement any time in the 30 days before the stat
holiday.
27.How does the ESA protect you if you take an unpaid leave?
When you return from an unpaid leave, you must be given your old job, or a
similar job, as far as duties and salary are concerned.
28.Name

6 unpaid leaves which are covered by the ESA?

Pregnancy Leave
Parental Leave
Parental or Pregnancy Leave Pay
Pregnancy or Parental Leave Notice
Family Responsibility Leave
Bereavement Leave

29.What should you do if you feel your working conditions are unsafe?
First identify the unsafe condition and report it immediately to your supervisor
or employer. You can also contact WorkSafeBC to find out what your employer
must do to keep you safe.
30.What does the Human Rights Code state about discrimination in the
workplace? What are the protected grounds?
The BC Human Rights Code says employers are not allowed to discriminate
against employees in the hiring process or in the workplace. The protected
grounds are: race, color, ancestry, place of origin, political beliefs, religion,
marital status, family status, physical or mental disability, sex, sexual
orientation, age, or because of being convicted of a criminal or summary

conviction offence that is unrelated to the employment or to the intended

employment of that person.
31.What is a layoff and when does it become a termination?
A layoff is when an employer tells employees that they must take an unpaid
leave from work. In the absence of any of these factors, a reduction or
elimination of hours may be considered to be a substantial alteration of
employment which amounts to a termination of employment.
32.Does an employer need to provide a reason to fire you?
The employer does not need to provide a reason to fire you.
33.What are you entitled to if you are terminated without notice?
If your job is terminated without notice, you have a minimum right to:
One weeks pay after you have been employed three months in a row
Two weeks pay if you have been employed for one year
Three weeks pay after three years of work, plus one weeks pay for every
additional year of employment to a maximum of eight years.
34.What is a T4?
A form that does your income tax.
35.What are the disadvantages of working under the table?
Some disadvantages of working under the table include being ineligible for
employment insurance benefits, and the possibility of not being covered by the
Workers Compensation Act.
36.What steps should you take if you have a problem at work?
Report any incidents of loss or injury to yourself, your clients/customers, or
your organization. Make and keep your own record of the incident. Mark down
the date and time, which was present, and a description of where and how the
incident took place.
It is also a good idea to have someone you trust to talk with about any
problems on the job. This might be a family member, friend, co-worker, or your
work experience coordinator. They may be able to help you get more
information. You may want them to go with you if you decide to make a formal
complaint to a government agency.
Try to talk to your employer to solve any problems. If your employer will not
listen to you and you think he or she has broken the law, talk it over with

someone you trust. You can also contact the Employment Standards Branch for
information before deciding to make a complaint.
37.What is the purpose of the Employment Standards Self-help Kit?
To assist employees and employers to resolve problems among themselves.